The Penn's Grove record., 1887-04-23

SEts IL 4ldb NICAAtfNA an liAf0ohAsb
| ton shall be made by said Commission,
it shall be its duty to make a report in
writing in respect thereto, which shall
include the findings of fact upon which
the conclusions of the Commission are
based, together with its recommended
ton as to what reparation, if any,
should be made by the common carrier,
to any party or parties who may be
found to have been injured; and such
findings so made shall thereafter, in all
judicial proceedings, be deemed primd
| tdcie evidence as to each and every fact
found.
All reports or Investigations made by
the Commission shall be entered of
record, and a copy thereof shall be fur
nished to the party who may have COM
| planned, and to any common carrier
that may have been complained of.
Sec. 10. That if in any case in which
al investigation shall be made by said
Commission it shall be made to appear
to the satisfaction of the Commission,
| either by the testimony of witnesses or
| other evidence, that anything has been
done or omitted to be done in violation
Of the provisions of this act, or of any
law cognizable by said Commission, by
any common carrier, or that any injury
or damage has been sustained by the
party or parties complaining, or by other
parties aggrieved in consequence of any
such violation, it shall be the duty Of
the Commission to forthwith cause a
copy of its report in respect thereto to
be delivered to such common carrier to-
gether with a notice to said common
carrier 10 celse and desist frOmsuch yio-
lation, u to make repaTatiOn for the in
jury 50 found to have been done, or
both, within a reasonable time, to be
specified by the Commission; and if,
within the time specified, it shall be
made to appear to the Commission that
such common carrier has ceased from
such violation of law, and has made re-
paratiOn for the injury found to have
been done, in compliance with the re-
port and notice of the Commission, or
to the satisfaction of the party complain
ing, a statement to that effect shall he
entered of record by the Commission,
and the said common carrier shall there
upon be relieved from further liability
or penalty for such particular violation
of the law.
Sec. IL. That whenever any common
carrier, as defined in and subject to the
provisions of this act, shall violate or re-
fuse or neglect to obey any lawful order
or requirement of the Commission in
this act named, it shall be the duty of
the Commission, and lawful for any
company Or person interested in such
order or requirement, to apply, in Il
summary way, by petition, to the cir
cult court of the United States sitting
in equity in the judicial district in which
the common carrier complained of has its
principal office, OF in which the violation
or diSobedience of such order or require
ment shall happen, alleging such violation
or diSObedience, us the case may be; and
lie said court shall have power to hear
and determine the matter, on such short
notice TO the common carrier complain
ed of as the court shall deem reason
able; and such notice may be served on
such common carrier, his or its officers,
agents, or servants, in such manner as
the court shall direct; and said court
shall proceed to. hear and determine the
matter speedily as a court of equity,
and without the formal pleadings and
proceedings applicable to ordinary suits
in equity, but in such manner as to do
justice i'll the premises; and to this end
such court shall have power, if it think
fit, to direct and prosecute, in such
mode and 10y such persons as it may APP
point, all such inquiries as the court
may think needful to enable it to forma
Just judgement in the matter of such
petition; and on such hearing the report
of said Commission shall be primd tdcie
evidence of the matters therein stated;
and if it he made to appear to such
court, IN such hearing or on report of
any such person or persons, that the
lawful order or requirement of said
Commission drawn in question has been
violated or diSobeyed, it shall be lawful
for such court to issue a writ of %iniunc-
ton or other proper process, mandatory
or otherwise, to restrain such common
carrier from further continuing such
violation or disobedience of such order
or requirement of said Commission, and
enjoining obedience to the same; and in
case of any disobedience of any such
writ of injunction or other proper pro-
cess, mandatory or otherwise, it shall be
lawful for such court to issue writs of
attachment, o. any other process of said
court incident or applicable to writs of
injunction or other proper process, man
datOry OF otherwise, against such COM
mon carrier, and if a corporation,
against II or more of the directors. Of
ticerS, or agents of the same, or against
any owner, lessee, trustee, receiver, or
other person failing to obey such writ of
injunction or other proper process, man.
datory or otherwise; and said court may,
if it shall think fit, make an order di-
recting such common carrier or other
person SO d~isObeying such writ Of injunc-
ton or other proper process, mandatory
or otherwise, to pay such sum of money
not exceeding for eachcarTier OF persOn in
default the sum of five hundred dollarsfor
every day after a day to be named i'll the
order that such carrier or other person
shall fail to obey such injunction or
other proper process, mandatory on
otherwise, and such moneys shall be
payable as the court shall direct, either
to the party complaining, or into court
to abide the ultimate decision of the
court, or into the Treasury; and pay
ment thereof may, without prejudice to
amy other mode of recovering the same,
he enforced by attachment or order in
the nature of a writ Of execution, in like
manner as if the same had been recov-
cred by a final decree IN peTSOndm in
such court. When the subject in dis
pute shall be of the value of two thous-
and dollars or more, either party to such
proceeding before said court may appeal
to the Supreme Court Of the United
States, under the same regulations now
provided by law in respect of security
for such appeal; but such appeal shall
not operate to stay or supersede the order
of the court or the execution of any writ
or process thereon; and such court may,
in every such matter, order the payment
of such costs and counsel fees as shall be
deemed reasonable. Whenever any such
petition shall be filed or presented by the
Commission it shall be the duty of the
District Attorney, under the direction
of the Attorney-Genera of the United
States, to prosecute the same; and the
costs and expenses of such prosecution
shall be paid out of the appropriation
- A.. 1900 e At ---.-4- - ~ I